SAS was represented at the meeting by Rachel Connor and Aileen Jackson
DPEA is particularly busy at the moment . The workload has increased significantly in part due to the number of short term let appeals which are likely to continue.
Wayleave application appeals related to s.37 Electricity Act cases (grid infrastructure) are likely to cause a huge increase in workload due to the large number of new grid connections proposed particularly for the Highlands and Islands. DPEA are expecting 600 new wayleave applications via the ECU with approximately 50 wayleave applications in hand.
At present, if a landowner or tenant does not agree a wayleave application from a developer (eg SSEN) then there is a right of appeal by the landowner or tenant.
DPEA are expecting three large grid infrastructure project applications to land over the summer and potentially create significant numbers of objections.
In addition, there are currently 11 onshore windfarm s.36 cases to be determined.
An on shore s.36 windfarm or electricity infrastructure s.37 appeal with a public inquiry has a target determination of a year and will occupy an experienced Reporter for 9 months.
To cope with the expected massive increase in workload from existing and expected applications and appeals, DPEA has 11 new posts, of which 4 are Reporters. Seven new Reporters will start in November 2025.
SAS submitted comments raised by one of our members in regard to proposed changes of the Electricity Act which will give Reporters the discretion to decide on the type of procedure to determine an appeal (eg Inquiry, Hearing, or further written submissions only) Concerns were raised that in view of DPEA pressures, that Reporters and Scottish Ministers would be less inclined to favour an Inquiry even if a local authority objects. We were told this would not be the case. Reporters will listen to the views of all parties and their decisions will be based on the Pre examination meeting (PEM) and on what information and evidence is required by the Reporter to make a Decision.
It will be up to Ministers to update regulations and new Guidance on the type of determining procedure to be adopted and a code of Practice will be issued once the amended Electricity Act becomes law. DPEA do not envisage a drop in the number of Inquiries.
We raised concerns (again) that planning conditions attached to a consent by Scottish Ministers to satisfy the concerns of a local authority (but not necessarily local communities and objectors) would be used in future to avoid a Public Inquiry – as set out in the draft DPEA Guidance Note. We were told that this was actually the current practice. We again raised the issue that documented breaches of planning conditions need not be enforced by local authorities ; enforcement is considered discretionary. There is therefore no public confidence in planning conditions allowing consent of an unacceptable application, save for its mitigating planning conditions, which would otherwise be refused.
SAS raised two more issues which had been submitted by members.
The first concerned the primitive wirelines submitted by applicants in their EIAs and insufficient photomontages of visual impacts on residential properties likely to suffer loss of amenity. How could a Reporter properly judge the effect on residential amenity if adequate information was not provided? Why was the latest technology not used to assist all concerned?
Assistant chief Reporter David Liddell agreed that individual Reporters had the power to request further information and clarification from applicants if their EIA was insufficient or misleading.
The second question related to the possibility of Scottish Fire and Rescue (SFRS) being made a statutory consultee for all energy developments. We mentioned the letter from Scottish Minister Gillian Martin, which stated that there are no current plans to add Scottish Fire and Rescue to the list of statutory consultees. SAS believes that SFRS should be a statutory consultee in view of new dangers posed by increasing numbers of BESS and green hydrogen facilities. The response was that DPEA had no power over who was selected to be a statutory consultee and we would have to raise the issue with the Scottish Government’s Chief Planner.
Community Hearings
It is proposed that such Hearings will form part of a Public Inquiry rather than replace the Inquiry, but Hearings will allow community members to raise concerns and present evidence in a less formal and confrontational setting than in the actual Inquiry where cross examination of witnesses would occur. It is not clear whether applicants will be allowed to question members of the public.
SAS raised concerns that the current draft guidance note would not allow the public to raise any issues at such a hearing that was not outlined in their initial submission. This would not allow members of the public to respond to any amended or updated environmental information submitted by an applicant. DPEA agreed this would be unsatisfactory and would look into it and make adjustments.
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